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Husband took sign in divorce paper,didnt go for decree


26-Aug-2023 (In Family Law)
Husband took sign in divorce paper with notary stamp,didn't go for decree ,he said that divorce has done already ,now you are free.at this time i m living with my parents, my husband don't want to meet me or compromise for this matter...he denied for decree process also...what i can do for live with him at his home..
Answers (4)

Answer #1
942 votes
HI, DIVORCE ON NOTARY PAPERS IS NOT VALID, PROPER PROCESS NEED TO BE FOLLOWED TILL DATE YOU ARE HUSBAND AND WIFE . YOU CAN FILE AN APPLICATION FOR RESTITUTION OF CONJUGAL RIGHTS U/S 9 OF HINDU MARRIAGE ACT IF YOU WISH TO LIVE WITH HIM,BESIDE FILLING APPLICATION UNDER VARIOUS SECTION OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT. THANKS
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Advocate Ramit Sehrawat

Adv. Ramit Sehrawat

LawRato Delhi | 400+ Answers
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Answer #2
915 votes
Madem Unless a Decree of Divorce is passed by the Court of Competent Jurisdiction, your continue to be Legally Married Wife of your husband. However, this is subject to Religion / Cast to which you belong, because in some CAST customary divorce i.e. divorce through internal family mode is permission and valid under the law. So, if you belong to such notified cast, then perhaps your Divorce is valid, however, you can still challenge the same in the Court, and claim your right as Married Wife from your husband. Feel free to contact should you need assistance.
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Answer #3
661 votes
You should go to Women cell at your city's police station. Register a complaint at women cell . They will call your husband and can help for settling your issue. If he is not ready for compromise then file a case of restitution of conjugal rights in court.
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Advocate Ashwini Ramrao Deshmukh

Adv. Ashwini Ramrao Deshmukh

LawRatoVadodara | 100+ Answers
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Answer #4
586 votes
Hi, You may approach the Family court or Civil Court and file civil suit for declaration and sought declaration that divorce which has been obtained on stamp paper may be declared as valid divorce under the Law.
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Advocate Rajiv Rajpurohit

Adv. Rajiv Rajpurohit

LawRatoAhmedabad | 25+ Answers
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